103WPowers of SSAT if parties reach agreement

103W Powers of SSAT if parties reach agreement

(1) If, at any stage of a proceeding for a review (including at a pre‑hearing conference under section 103): (a) the parties (other than the Registrar) agree to the terms of a decision of the SSAT: (i) in the proceeding; or (ii) in relation to a part of the proceeding, or a matter arising out of the proceeding; that would be acceptable to the parties; and (b) the terms of the agreement are: (i) put in writing; and (ii) signed by or on behalf of the parties; and (iii) lodged with the SSAT; and (c) the SSAT is satisfied that a decision in those terms, or consistent with those terms, would be within the powers of the SSAT; the SSAT may, if it appears to it to be appropriate to do so, act in accordance with whichever of subsection (2) or (3) is relevant in the particular case.

Note: The SSAT cannot make a decision that the Registrar could not have made (see subsection 103T(2)).

(2) If the agreement reached is an agreement as to the terms of a decision of the SSAT in the proceeding, the SSAT may make a decision in accordance with those terms: (a) without holding a hearing of the proceeding; or (b) if a hearing has commenced—without completing the hearing. (3) If the agreement relates to a part of the proceeding, or a matter arising out of the proceeding, the SSAT may in its decision in the proceeding give effect to the terms of the agreement without dealing at the hearing of the proceeding with the part or matter to which the agreement relates. (4) The SSAT must not make a decision by consent under subsection (2) or (3) in relation to a departure from administrative assessment of child support in accordance with Part 6A of the Act unless it is satisfied that it is just and equitable and otherwise proper to do so, having regard to the matters set out in subsections 117(4) and (5).